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Federal Register/Vol. 73, No. 161/Tuesday, August 19, 2008

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Federal Register/Vol. 73, No. 161/Tuesday, August 19, 2008 48310 Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Proposed Rules DEPARTMENT OF TRANSPORTATION Docket Management Facility between 9 3. The modifications in paragraphs 1 and a.m. and 5 p.m., Monday through 2 above are to be accomplished in accordance Federal Aviation Administration Friday, except Federal holidays. The AD with de Havilland Service Bulletin 6/508 docket contains this proposed AD, the dated 15 December 1989, or later revisions 14 CFR Part 39 approved by the Director, Airworthiness regulatory evaluation, any comments Branch, Transport Canada, Ottawa. received, and other information. The [Docket No. FAA–2008–0891; Directorate Based on preliminary investigation, the Identifier 2008–CE–046–AD] street address for the Docket Office (telephone (800) 647–5527) is in the FAA and NTSB believe that an RIN 2120–AA64 ADDRESSES section. Comments will be attempted takeoff with the gust locks available in the AD docket shortly after installed could be the cause of a recent Airworthiness Directives; Viking Air receipt. accident in Hyannis, Massachusetts. Limited DHC–6 Series Airplanes FOR FURTHER INFORMATION CONTACT: Relevant Service Information AGENCY: Federal Aviation Fabio Buttitta, Aerospace Engineer, Boeing Canada de Havilland Division Administration (FAA), Department of FAA, New York Certification Office, issued Service Bulletin No. 6/508, Transportation (DOT). 1600 Stewart Avenue, Suite 410, Revision ‘‘A’’, dated January 31, 1990. ACTION: Notice of proposed rulemaking Westbury, New York 11590; telephone: The actions described in this service (NPRM). (516) 228–7303; fax: (516) 794–5531. information are intended to correct the SUPPLEMENTARY INFORMATION: unsafe condition identified in the SUMMARY: We propose to adopt a new MCAI. airworthiness directive (AD) for the Comments Invited FAA’s Determination and Requirements products listed above. This proposed We invite you to send any written of the Proposed AD AD results from mandatory continuing relevant data, views, or arguments about airworthiness information (MCAI) this proposed AD. Send your comments This product has been approved by originated by an aviation authority of to an address listed under the the aviation authority of another country, and is approved for operation another country to identify and correct ADDRESSES section. Include ‘‘Docket No. in the United States. Pursuant to our an unsafe condition on an aviation FAA–2008–0891; Directorate Identifier bilateral agreement with this State of product. The MCAI describes the unsafe 2008–CE–046–AD’’ at the beginning of Design Authority, they have notified us condition as: your comments. We specifically invite of the unsafe condition described in the comments on the overall regulatory, Three instances have occurred in which MCAI and service information the aircraft took off with pre-mod 6/1676 economic, environmental, and energy referenced above. We are proposing this flight control gust locks still installed, aspects of this proposed AD. We will AD because we evaluated all sometimes with disastrous results. consider all comments received by the information and determined the unsafe closing date and may amend this Based on preliminary investigation, the condition exists and is likely to exist or proposed AD because of those FAA and National Transportation Safety develop on other products of the same Board (NTSB) believe that an attempted comments. type design. takeoff with the gust locks installed We will post all comments we could be the cause of a recent accident receive, without change, to http:// Differences Between This Proposed AD in Hyannis, Massachusetts. The www.regulations.gov, including any and the MCAI or Service Information proposed AD would require actions that personal information you provide. We We have reviewed the MCAI and are intended to address the unsafe will also post a report summarizing each related service information and, in condition described in the MCAI. substantive verbal contact we receive general, agree with their substance. But DATES: We must receive comments on about this proposed AD. we might have found it necessary to use this proposed AD by September 18, Discussion different words from those in the MCAI 2008. to ensure the AD is clear for U.S. Transport Canada, which is the operators and is enforceable. In making ADDRESSES: You may send comments by aviation authority for Canada, has these changes, we do not intend to differ any of the following methods: issued AD No. CF–90–01, dated January • substantively from the information Federal eRulemaking Portal: Go to 31, 1990 (referred to after this as ‘‘the provided in the MCAI and related http://www.regulations.gov. Follow the MCAI’’), to correct an unsafe condition service information. instructions for submitting comments. for the specified products. The MCAI We might also have proposed • Fax: (202) 493–2251. states: different actions in this AD from those • Mail: U.S. Department of in the MCAI in order to follow FAA Transportation, Docket Operations, M– Three instances have occurred in which the aircraft took off with pre-mod 6/1676 policies. Any such differences are 30, West Building Ground Floor, Room flight control gust locks still installed, highlighted in a NOTE within the W12–140, 1200 New Jersey Avenue, SE., sometimes with disastrous results. proposed AD. Washington, DC 20590. To minimize the possibility of an • Hand Delivery: U.S. Department of attempted take-off with the gust locks Costs of Compliance Transportation, Docket Operations, M– inadvertently installed, and to reduce the We estimate that this proposed AD 30, West Building Ground Floor, Room possibility of the aircraft becoming airborne will affect 42 products of U.S. registry. W12–140, 1200 New Jersey Avenue, SE., should such a take-off be attempted, We also estimate that it would take Washington, DC 20590, between 9 a.m. accomplish the following: about 6 work-hours per product to and 5 p.m., Monday through Friday, 1. Incorporate de Havilland Modification comply with the basic requirements of 6/1676 which ensures downward deflection except Federal holidays. of the elevators when the control locks are this proposed AD. The average labor rate is $80 per work-hour. Required Examining the AD Docket engaged. 2. Incorporate de Havilland Modification parts would cost about $1,125 per You may examine the AD docket on 6/1726 to add to the control lock a warning product. the Internet at http:// flag which masks essential flight instruments Based on these figures, we estimate www.regulations.gov; or in person at the on the pilot’s instrument panel. the cost of the proposed AD on U.S. VerDate Aug<31>2005 15:11 Aug 18, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\19AUP1.SGM 19AUP1 ebenthall on PRODPC60 with PROPOSALS Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Proposed Rules 48311 operators to be $67,410, or $1,605 per PART 39—AIRWORTHINESS of the elevators when the control locks are product. DIRECTIVES engaged. (2) Incorporate de Havilland Modification Authority for This Rulemaking 1. The authority citation for part 39 6/1726, which adds to the control lock a continues to read as follows: warning flag which masks essential flight Title 49 of the United States Code instruments on the pilot’s instrument panel. specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. rules on aviation safety. Subtitle I, § 39.13 [Amended] FAA AD Differences section 106, describes the authority of 2. The FAA amends § 39.13 by adding Note: This AD differs from the MCAI and/ the FAA Administrator. ‘‘Subtitle VII: the following new AD: or service information as follows: No Aviation Programs,’’ describes in more differences. detail the scope of the Agency’s Viking Air Limited: Docket No. FAA–2008– 0891; Directorate Identifier 2008–CE– authority. 046–AD. Other FAA AD Provisions (g) The following provisions also apply to We are issuing this rulemaking under Comments Due Date the authority described in ‘‘Subtitle VII, this AD: Part A, Subpart III, Section 44701: (a) We must receive comments by (1) Alternative Methods of Compliance September 18, 2008. General requirements.’’ Under that (AMOCs): The Manager, Standards Office, section, Congress charges the FAA with Affected ADs FAA, has the authority to approve AMOCs promoting safe flight of civil aircraft in (b) None. for this AD, if requested using the procedures air commerce by prescribing regulations found in 14 CFR 39.19. Send information to Applicability for practices, methods, and procedures ATTN: Fabio Buttitta, Aerospace Engineer, the Administrator finds necessary for (c) This AD applies to Models DHC–6–1, FAA, New York Certification Office, 1600 DHC–6–100, DHC–6–200, and DHC–6–300 safety in air commerce. This regulation Stewart Avenue, Suite 410, Westbury, New airplanes, serial numbers (SNs) 1 through York 11590; telephone: (516) 228–7303; fax: is within the scope of that authority 696, that (516) 794–5531. Before using any approved because it addresses an unsafe condition (1) have not had modifications 6/1676 and that is likely to exist or develop on 6/1726 installed; and AMOC on any airplane to which the AMOC products identified in this rulemaking (2) are certificated in any category. applies, notify your appropriate principal action. inspector (PI) in the FAA Flight Standards Subject District Office (FSDO), or lacking a PI, your Regulatory Findings (d) Air Transport Association of America local FSDO. (ATA) Code 27: Flight Controls. (2) Airworthy Product: For any requirement We determined that this proposed AD Reason in this AD to obtain corrective actions from would not have federalism implications a manufacturer or other source, use these (e) The mandatory continuing under Executive Order 13132. This actions if they are FAA-approved. Corrective airworthiness information (MCAI) states: proposed AD would not have a actions are considered FAA-approved if they Three instances have occurred in which substantial direct effect on the States, on are approved by the State of Design Authority the aircraft took off with pre-mod 6/1676 the relationship between the national (or their delegated agent).
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